Cyber Law

Students will gain a broad knowledge of constitutional, civil, criminal, and related legal considerations that arise in the context of work or citizenship in an increasingly cyber/digital world.   Whether the student seeks a career in the public or private sector, the student will gain insight into both the limits and authorities on government or private sector activities, from the creation and protection of intellectual property, to the investigation of unlawful cyber activities, to the considerations of cyber operations in an increasingly dangerous world.  This broadened awareness will help students successfully navigate and strengthen personal and professional choices as they move ahead.

Net Neutrality Proposal

From: E. Gonzalez, RedBlue
To: CEO, RedBlue
Subj: Analysis of State Action and Net Neutrality for RedBlue

State Action. When it comes to company policies and terms of service agreements, RedBlue is well within its purview to establish guidelines of decorum aligning with company values. Company members can disagree with such terms of service, but no violation of 1st Amendment rights exist because of RedBlue not being a government entity. “State action means the government is involved” (Gulland, 2024, 9:34). There needs to be an action by the government, for freedom of expression violations to be in effect. Making the distinction between what constitutes a state or private action is an important concept to understand. According to Nahmod, the state action term derives from the 14th Amendment where protections, like the Bill of Rights, are safeguarded by disallowing government factions of unfair treatment and denial of rights like the 1st Amendment (2015). Consequentially, this delineates a clear line of demarcation on RedBlue’s position when it pertains to state action involvement regarding 1st Amendment protections. While here at RedBlue, differences of opinions and beliefs exist and are respected, hence the terms of agreements, there are no infringements to the freedom of expressions
protected by the Constitution.

Net Neutrality. “Net Neutrality policies are a national standard by which we ensure that broadband internet service is treated as an essential service. It prohibits internet service providers from blocking, throttling, or engaging in paid prioritization of lawful content” (Federal Communications Commission, n.d., para. What is Net Neutrality?). Net Neutrality in our country has been debated, changed and currently in a contentious status. When it is enforced as a standard, by the Federal Communications Commission (FCC), organizations like RedBlue have the benefits of unaltered internet access and the backing of federal oversight. Net Neutrality has had reversals over the course of the last three administrations. To grasp the significance and the effects of net neutrality, understanding the history of these reversals gives you a bird’s eye view, of what may seem like a political maelstrom, involving more than just internet services. As indicated by Washburn, net neutrality concepts came into fruition in the mid-2000s and became enforceable during President Obama’s administration as the Open Internet Order (2023). With Obama’s Internet Order, an important item to note is the classification of internet services as “common carriers under Title II of the Communications Act” giving the FCC regulatory powers over these service providers (May, 2024, para. 2; Washburn, 2023). Again, net neutrality advocates for an open Internet, but standards can have their pros and cons, and the proclivities of agencies like the FCC to change their stances, depending on who is President, is evident in the back-and-forth with net neutrality. During President Trump’s administration, net neutrality was reversed (Washburn, 2023). The opposing belief supports the Internet industry to not have regulations imposed by the FCC; it can stifle investments due to government red tape, provide barriers to cost reduction due to the inability of internet service providers (ISPs) to charge different rates for bandwidths (Washburn, 2023). Additionally, because of this reversal, states like California, and/or New Jersey, to name a few, have created their own net neutrality laws further displaying the divide (Washburn, 2023). Recently, under President Biden, net neutrality was once again reinstated by the FCC, but the 6th Circuit Court of Appeals intervened and has “…temporarily block net neutrality rules…” (Shepardson, 2024). Net neutrality has been highly contested, and the outcome of the Court’s decision can directly affect RedBlue’s broadband services.

Personal Statement on Net Neutrality. As a society, as a global community, services like the Internet bridges the gap in information and the benefits are boundless. When you view the history of the Internet, from its origin to its proliferation and current architectures, one can possible see why there should be some governance or none. As far as net neutrality is concerned, without diving into the intricacies and granularities of the Internet industry, I support an open and free Internet where ISPs should not be allowed to discriminate on who they choose to have faster services. When it is solely based off disagreements with a corporation’s affiliations, ethics come into question, and why should a service provider get the final say so on who gets what? Alternatively, I am also in agreement with some aspects of those who oppose net neutrality due to concerns mentioned before. Another solution must be made with net neutrality regulations because the motivations and goals are valid on both sides. A concept that seems agreeable is one that Kan provides with a split analysis on net neutrality where a “…combination of standards allows the FCC to enforce rules against the blocking…” and “…discrimination among internet
traffic, but still allow unique delivery arrangements for specialized services” (2016, p. 1176). Net neutrality is not an all-encompassing approach, and because it raises more questions than answers with the classifications of broadband services, there are reasons why the 6th Circuit Court of Appeals, with Judges appointed in the Bush, Clinton, and Biden administration, unanimously made their ruling (May, 2024). Whether your beliefs are for or against net neutrality, bipartisanship involvement is necessary to address the specificities on the Internet
industry creating equitable broadband services for all.

 

Elsie Gonzalez
Business Systems Analyst, RedBlue

 

References
Gulland, M. S. (2024). Module 2 Overview [Introduction Video]. Canvas@ODU.
https://portal.odu.edu/
Kan, S. (2016). Split net neutrality: Applying traditional first amendment protections to the
modern interweb. Houston Law Review, 53(4), 1149-1177.
http://proxy.lib.odu.edu/login?url=https://search.ebscohost.com/login.aspx?direct=true&d
b=a9h&AN=115661550&scope=site
May, R. (2024, Aug 23). The sixth circuit stays the fcc’s latest net neutrality flip-flop.
https://fedsoc.org/commentary/fedsoc-blog/the-sixth-circuit-stays-the-fcc-s-latest-netneutrality-flip-flop
Nahmod, S. (2015, Mar 12). Know your constitution (8): What is state action.
https://bit.ly/4ejYfYv
Federal Communication Commission. (n.d.). Net neutrality. https://www.fcc.gov/net-neutrality
Shepardson, D. (2024, August 1). US court blocks biden administration net neutrality rules.
https://www.reuters.com/legal/us-court-blocks-biden-administration-net-neutrality-rules2024-08-01/
Washburn, E. (2023, Apr 13). What is net neutrality – And why is it so controversial?
https://www.forbes.com/sites/emilywashburn/2023/04/13/what-is-net-neutrality-andwhy-is-it-so-controve